Section 18 Sentencing Guidelines
The commission promulgates guidelines that judges consult when sentencing federal offenders.
Section 18 sentencing guidelines. If however a particular case presents atypical features the act allows the court to depart from the guidelines and sentence outside the prescribed range. The court should impose a sentence sufficient but not greater than necessary to comply with the statutory purposes of sentencing. Section 18 assault carries a maximum sentence of life imprisonment considerably more than the section 20 offence s maximum sentence.
For section 20 on the other hand carries a maximum penalty of 5 years imprisonment. The comprehensive crime control act sets forth four purposes of sentencing. General principles to be considered in.
In this section you will find the commission s comprehensive archive of yearly amendments and guidelines manuals dating back to 1987. Section 18 assault is an indictable offence which may only be tried in the crown court. Effective november 1 1987.
A sentence is within the guidelines if it complies with each applicable section of this chapter. When the guidelines are amended a subsequent guidelines manual is published. To the sentencing of offenders follow any sentencing guidelines which are relevant to the exercise of the function unless the court is satisfied that it would be contrary to the interests of justice to do so this guideline applies only to offenders aged 18 and older.
Offences against the person act 1861 s 18. Pursuant to the act the sentencing court must select a sentence from within the guideline range. Section 18 offences must be dealt with in crown court and it carries a maximum sentence of life imprisonment.
Previous convictions may also influence the percieved seriousness of the offence. The offence committed with intent carries life imprisonment the same offence committed without intent section 18 has a maximum sentence of 5 years. The most serious form of assault short of attempt murder is grievous bodily harm gbh or wounding section 18.